New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 42

42 Application on dispossession of licensee

(1) This section applies where a licence is current and:

(a) the licensee is evicted from the licensed premises, or

(b) to the exclusion of the licensee, the owner of the licensed premises comes into, or becomes entitled to, possession of the licensed premises.

(2) Where this section applies, application for a transfer of the licence may be made:

(a) where the licensed premises are the subject of a lease or contract with the owner of the premises pursuant to which the licence is exercised--by the owner of the premises, or

(b) in any other case--by a person directly or indirectly interested in the exercise of the licence.

(2A) The owner of licensed premises, or a person interested directly or indirectly in the exercise of the licence, who comes into possession of the premises is to be taken to be the licensee of the premises until:

(a) the day that is 28 days after this section becomes applicable, or

(b) the day on which application is made under subsection (2),

whichever first occurs.

(5) Where an application is made under subsection (2) not later than 28 days after this section becomes applicable, the applicant is, until the application is heard and determined or otherwise disposed of, taken to be the licensee under the licence to which the application relates.

(6) The court may not hear an application for transfer of a licence under this section unless, in the absence of special circumstances, it is satisfied:

(a) that notice of the application was given to the dispossessed licensee at least 3 clear days before the hearing, or

(b) that all reasonable steps necessary for giving notice in accordance with paragraph (a) were taken by or on behalf of the applicant and that failure to give the notice was not due to any neglect or default of the applicant or of any person employed by the applicant for the purpose of giving notice.